By: Truan, Lucio S.B. No. 90 Rosson, Zaffirini A BILL TO BE ENTITLED AN ACT 1-1 relating to the access to information for epidemiologic and 1-2 toxicologic investigations by the Texas Department of Health. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter C, Chapter 161, Health and Safety 1-5 Code, is amended by adding Sections 161.0211, 161.0212, and 1-6 161.0213 to read as follows: 1-7 Sec. 161.0211. EPIDEMIOLOGIC OR TOXICOLOGIC INVESTIGATIONS. 1-8 (a) Under its duty to protect the public health, the department 1-9 shall conduct epidemiologic or toxicologic investigations of human 1-10 illnesses or conditions and of environmental exposures that are 1-11 harmful or believed to be harmful to the public health. 1-12 (b) The department may conduct those investigations to 1-13 determine the nature and extent of the disease or environmental 1-14 exposure believed to be harmful and to formulate and evaluate 1-15 control measures to protect the public health. 1-16 (c) A person shall provide medical, demographic, 1-17 epidemiologic, toxicologic, or environmental information to the 1-18 department as described by Section 81.061(c). 1-19 (d) A person is not liable for damages or other relief for 1-20 providing medical or other confidential information to the 1-21 department during an epidemiologic or toxicologic investigation. 1-22 Sec. 161.0212. RIGHT OF ENTRY. To conduct an epidemiologic 1-23 or toxicologic investigation, the commissioner or the 1-24 commissioner's designee has the same authority to investigate, 2-1 sample, inspect, and enter as that described by Sections 81.061, 2-2 81.063, 81.064, and 81.065. 2-3 Sec. 161.0213. CONFIDENTIALITY. Reports, records, and 2-4 information furnished to the commissioner or the commissioner's 2-5 designee that relate to an epidemiologic or toxicologic 2-6 investigation are not public information under the open records 2-7 law, Chapter 424, Acts of the 63rd Legislature, Regular Session, 2-8 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and are 2-9 subject to the same confidentiality requirements as described by 2-10 Section 81.046. 2-11 SECTION 2. This Act takes effect September 1, 1993. 2-12 SECTION 3. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended.